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HomeMy WebLinkAbout06/22/1998 Council Minutes• • COUNCIL MINUTES JUNE 22, 1998 CITY OF LINO LAKES MINUTES DATE : June 22, 1998 TIME STARTED : 6:30 P.M. TIME ENDED : 9:05 P.M. MEMBERS PRESENT : Lyden, Dahl, and Mayor Sullivan MEMBERS ABSENT : Bergeson, Neal Staff members present: Assistant City Administrator, Dan Tesch; Finance Director, Mary Vaske; Environmental and Forestry Coordinator, Marty Asleson; City Attorney, Bill Hawkins; City Engineer/Public Works Director, David Ahrens; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland; Parks and Recreation Director, Rick DeGardner; Building Official, Pete Kluegel; Planning Consultant, Alan Brixius; and City Clerk Marilyn Anderson SETTING THE AGENDA Mr. Tesch stated item 10A and 10B have been removed from the Agenda. Ms. Wyland stated item 5A has been removed from the Agenda. Mr. Ahrens stated item 7B has been removed from the Agenda. The amended Agenda was approved as presented. CONSENT AGENDA Council Member Lyden moved to approve the Consent Agenda. Council Member Dahl seconded the motion. Motion carried unanimously. ITEM ACTION MINUTES: June 3, 1998 Approved June 8, 1998 Approved DISBURSEMENTS: June 22, 1998 • (Check No. 51032 - 51161, $454,439.03) Approved COUNCIL MINUTES JUNE 22, 1998 Mayor Sullivan stated that she is very proud and excited about the City of Lino Lakes. She and other staff attended the League of Minnesota Cities Conference last week. The City has waited a long time for commercial development but is far ahead of other cities with regard to how the commercial development is being handled. The City of Lino Lakes won a $500 gift certificate for the City to spend any way it would like. Also, there are new employment opportunities within the City of Lino Lakes listed at the Lino Lakes Convenience Center. Mayor Sullivan explained that Lino Lakes is participating with other cities in a request for Federal funding to help finance the public clean up due to the May 15, 1998 tornado/storm. Individual residents will not qualify for Federal funding as insurance covered most damages. Mayor Sullivan indicated the City has received many calls regarding the upgrades to Birch Street. She stated that Birch Street is a County road and the decision to upgrade was made by the County. Changes will not occur on that street until the year 2015. If any resident has questions regarding this matter, they can call city hall. Mayor Sullivan announced that on Friday, June 19, 1998, the City's bond rating upgraded from a BAA to A3. The increase in the rating is important as the City will receive a better interest rate when bonding for City projects. She thanked all staff involved with the upgrade. Mayor Sullivan reminded those present of the guidelines for audience participation in City Council Meetings, emphasizing the need for respectful dialog. OPEN MIKE Mr. Bob Nelson, 6733 East Shadow Lake Drive, came forward and expressed concern regarding an article in the Quad newspaper regarding the placement of a fence on the north end of the Reshanau Lake. Mayor Sullivan noted this issue has not yet come before Council. Mr. Nelson stated that he would like to make some comments regarding the proposed fence. He provided the following background on the matter. A trail/road around the north end of Reshanau Lake can be documented beginning in the early 1940's. Mr. Nelson said that once an area has been in public use for seven (7) years, that area can continue to be used by the public. He also explained that the trail on the north end of the lake is a well used trail. The trail has never been cut off in the past and felt the City should take possession of the trail for the common good of the people. Mr. Nelson said that he understood the issue of liability but this could be resolved if a trail corridor could be obtained by the City. Mayor Sullivan stated that this issue would be discussed at a Council work session. Council Member Lyden indicated he agreed with Mr. Nelson. 2 COUNCIL MINUTES JUNE 22, 1998 • Mr. Alan Klimek, 1390 Karth Road, explained that he had come to city hall to pick up his refund check for SAC charges he paid with his building permit. He stated he would not be able to get his check after the City Council had approved the check on July 13, 1998. He also indicated that he was going to be paid interest on the SAC charge beginning in 1991 and not to the date the SAC was paid. Mr. Klimek was informed that the money was held at the Metropolitan Council until 1991 when it was refunded to the City without interest. He then call the Metropolitan Council and asked why they did not refund interest to the City. The Metropolitan Council indicated that the City had not asked for the interest. Mr. Klimek indicated that he was unhappy with this as the City was representing him. He then stated that he wanted all the interest on the $425.00 SAC that he paid which he felt would bring the total refund to around $800.00. Mr. Klimek asked why he was not on the disbursement list so that he could get his check. • • Mr. Klimek asked why the City was hiring a new City Administrator. He stated that there is no checks and balances system set up for a City Administrator. Mr. Klimek apologized to the City secretary. He stated that she had to answer the phone and deal with customers. He said that all public city employees need to be represented by an agency. All terms and conditions have to be negotiated with Council. He encouraged City employees to get a copy of the state law, which is also governed by the Federal Government. Mayor Sullivan stated that a checks and balances system is being put together for the new City Administrator. Regarding interest for the SAC refund, she stated she understood the City was unable to get interest back to the initial date. She asked to table this item and have staff investigate to determine why interest was not included in the refund to the City. Regarding the refund check, the wait is currently two (2) weeks as all disbursements have to be approved by Council. The City is considering changing the waiting period to one week. Council Member Lyden suggested Mr. Klimek be told when he when will receive his check. Mayor Sullivan stated that Mr. Klimek should bring the card he received in the mail to city hall tomorrow morning. He could then pick up his check on Friday, June 26, 1998. Mr. Klimek asked why his check would not be ready tomorrow. He indicated he has already waited one week for his check. Mayor Sullivan explained that the process for check refunds takes time. There were over 800 people affected by the refund. She stated she feels the City can issue checks every week as opposed to every two (2) weeks. She stated that if Mr. Klimek felt he had extenuating circumstances, he should let Ms. Vaske know and she will issue the check in the morning. Mr. Klimek stated that he has a lot of confidence in the City Council. He thanked the Council for their time. FISCAL AGENT REPORT, JERRY SHANNON, SPRINGSTED, INC. COUNCIL MINUTES JUNE 22, 1998 Consideration of Resolution No. 98 - 98, Awarding Sale of $4,310,000 General Obligation Improvement Bonds, 1998A - Mr. Shannon stated that the Council approved the issuance of the bonds in May, 1998. Three (3) bids were received for the bonds with the low bid from Piper, Jaffrey, Inc., and Norwest Investment Services at a cost of $1,942,025 with a net interest of 4.77%. Mayor Sullivan asked what the upgrade on bonding meant to the City. Mr. Shannon stated that the City will save interest because the security of the issuer is greater than in the past. The increased rating together with a favorable bond market resulted in favorable bids on the bonds. Council Member Lyden moved to adopt Resolution No. 98 - 98, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 98 can be found in the 1998 Resolution file. Consideration of Resolution No. 98 - 99, Awarding Sale of $2,000,000 General Obligation Improvement Bonds, 1998B - Mr. Shannon stated that three (3) bids were received for the bonds with the low bid from Piper, Jaffrey, Inc., and Norwest Investment Services at a cost of $967,571. 25 with a net interest of 5.80%. Council Member Lyden moved to adopt Resolution No. 98 - 99, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 99 can be found in the 1998 Resolution File. Consideration of Resolution No. 98 -100, Authorizing Execution and Delivery of Ground Lease and Lease Purchase Agreement with the Economic Development Authority (EDA). Approving Issuance of Lease Revenue Bonds and Execution of Related Documents - Mr. Shannon stated that the EDA has issued bonds for the Civic Complex. The City will lease the buildings from the EDA and in turn, lease the land to the EDA. A motion is required to authorize execution of the documents to complete the matter.. Council Member Lyden moved to adopt Resolution No. 98 - 100, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 100 can be found at the end of these minutes. Mr. Shannon thanked the City Council for allowing him to work with the City again. He said he wanted to thank the staff, Mary Vaske in particular, for her hard work on this issue and noted that she should be commended. The EDA staff and all of the other staff pitched in to provide answers and rapid responses. Mr. Shannon explained that Moody's Rating Service indicated that they were very comfortable with the Staff that they talked to. 4 s • • COUNCIL MINUTES JUNE 22, 1998 FINANCE DEPARTMENT REPORT, MARY VASKE Consideration of Resolution No. 98 - 101, Adopting 1999 Budget Schedule Per the City Charter - Ms. Vaske explained that Section 7.04, Subdivision 1, of the City Charter reads that a Budget calendar must be adopted by resolution. She referred to a schedule that outlines the dates for various steps in the budget process. The Truth in Taxation dates will not be available until later in the Fall, as they are dependent on other jurisdictions (Anoka County, Schools, etc.) Ms. Vaske noted on that August 6, 1998, the City Council will spend the entire day listening to budget presentations from each department. She asked the Council to check their calendars for availability on that day. Council Member Dahl moved to approve Resolution No. 98 - 101, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Mayor Sullivan asked Ms. Vaske to make sure Mr. Paul Montain, Charter Commission Chairman, receives a copy of the Budget Schedule. Resolution No. 98 - 101 can be found at the end of these minutes. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH Consideration of Resolution No. 98 - 96, Adoption of Expense Reimbursement Policy - Mr. Tesch stated he is requesting that City update the Expense Reimbursement Policy. He noted the major difference is the increase of the per diem by $15, and generally cleans up the policy in terms of advances and returning excess funds to the City in a timely manner. Mayor Sullivan suggested several changes. Regarding Meals, "suggested" should be removed. She asked if the expense form requires supervisor approval and receipts. Mr. Tesch indicated that it does. She stated that the City Administrator expenses should be subject to Council approval. Council Member Lyden moved to adopt Resolution No. 98 - 96, with the above additions. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 96 can be found at the end of these minutes. Consideration of Resolution No. 98 - 97, Code of Conduct - Mr. Tesch referred to the Code of Conduct, which can be found in Chapter 214 of the City Code. He stated that he believes this Code should be added to the Personnel Policy (as Section 8.01) as it relates directly to employees, and most employees do not read the City Code on a regular basis. Each new employee will be required to read the Code of Conduct and sign a statement of acknowledgment. Current employees will be required to sign an acknowledgment at their midterm review. COUNCIL MINUTES JUNE 22, 1998 Mayor Sullivan asked if it was necessary to put the Code of Conduct in the Personnel Policy as it is in the City Code. She expressed concern regarding the process of changing both the documents if it is duplicated. She indicated the City Code should be the bottom line. Mr. Tesch stated that he can reference the two (2) documents. The City Code will be the bottom line regarding employee conduct. Council Member Dahl moved to approve Resolution No. 98 - 97, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 97 can be found at the end of these minutes. COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL/MARY KAY WYLAND Variance Request, Paul Munoz, 55 Ash Street - Upon adoption of the Agenda, this item was removed. Variance Request, James Brandi, 7057 Rice Lake Court - Ms. Wyland stated that Mr. James Brandl, 7057 Rice Lake Court, is requesting a variance to allow the construction of a 32 x 28 detached garage with a setback of 19 feet from the property line. The Zoning Ordinance requires a setback of 30 feet, therefore, the variance requested is for 11 feet. Mr. Brandl's property is located on the corner of Rice Lake Land and Rice Lake Court. The proposed garage will face Rice Lake Court. This particular roadway has a slight curve, therefore, the varied setback is as indicated on the site plan. Mr. Brandl plans to construct this garage in line with his existing home, however, due to the curve in the road, the same setback as the home can not be maintained. He is prohibited from moving the proposed structure toward the back yard due to a large drainage easement and retaining wall. Ms. Wyland stated that Mr. Brandl has recently removed two (2) structures from his property, a 24 x 24 car port and a 12 x 20 barn which was located in the same position as the proposed new garage. The total square footage proposed will be within the requirements of the Zoning Ordinance as will the number of accessory buildings allowed. Ms. Wyland noted that the Planning and Zoning Board reviewed this item at their June 10, 1998, meeting and recommended approval of the variance as requested as it meets the criteria established in the Zoning Ordinance. Mr. Brandl came forward and presented a picture of his property and proposed location of the garage. He stated that he has lived on the property for 12 years. He further stated he would like to be able to store his boat, trailer, and car under cover. Mayor Sullivan stated that she visited Mr. Brandl's property. She verified with Mr. Brandl the proposed location of the garage. 6 • • COUNCIL MINUTES JUNE 22, 1998 Council Member Lyden asked Mr. Brandi about his neighbors. Mr. Brandi indicated his closest neighbor is across the street. He stated that his neighbor has no problem with the proposed garage. Mayor Sullivan stated that because of all the wetland to the south of Mr. Brandl's property, this is a unique situation. She stated that there is not another lot formation like this in the City. Council Member Lyden moved to approve the variance as requested. Council Member Dahl seconded the motion. Motion carried unanimously. Public Hearing, Holly Estates, 1101 Holly Drive, Planned Development Overlay (4/5th Vote), Preliminary Plat - Mr. Brixius explained that K.C. Development Corporation has requested preliminary plat approval for an 11 lot single family subdivision entitled Holly Estates. The subject five (5) acre site lies west of 12th Avenue, and north of Holly Drive. The site is zoned R -1X, Single Family Executive Residential District. The preliminary plat was reviewed at the June 10, 1998, Planning and Zoning Board meeting. The applicant had requested a Planned Development Overlay (PDO) to allow a degree of design flexibility within the subdivision. The Planning and Zoning Board recommended denial of the PDO request on the grounds that it does not meet the requirements. The Planning and Zoning Board recommended approval of the preliminary plat with the R -1X requirement (10 lots) and stated conditions. Mr. Brixius stated that he received a revised site plan providing 10 lots which appear to meet the R -1X Zoning requirements. All lots meet or exceed R -1X requirements and the Planning and Zoning Board conditions. If a PDO is to be considered a 4/5th Council vote is required to grant approval. If action is to be made on a 10 lot preliminary plat, a 3/5th vote is required for approval. Council Member Lyden asked for verification regarding trail placement. Mr. Brixius stated trails will be developed on the north side of Holly Drive. Mayor Sullivan clarified that if a PDO for 11 lots is to be considered, this item must be tabled. Approval can be made on the 10 lot preliminary plat this evening. Mayor Sullivan opened the public hearing at 7:25 p.m. Mayor Sullivan closed the public hearing at 7:26 p.m. Council Member Lyden moved to approve the revised 10 lot preliminary plat with the R -1X requirements. Council Member Dahl seconded the motion. Motion carried unanimously. Council Member Lyden moved to deny the PDO request. Council Member Dahl seconded the motion. Motion carried unanimously. • Concept Plan for Shopping Center, Lake Center Partners, I -35W and Lake Drive - Mr. Wessel stated that the Planning and Zoning Board held a public hearing on June 10, 1998, for a COUNCIL MINUTES JUNE 22, 1998 Planned Development Overlay for a shopping center at I -35W and Lake Drive. After much discussion, the Board indicated their approval of the shopping center concept with the understanding that revised plans and additional detail will be provided as development proceeded. The action tonight is to review the concept plan and obtain general consensus from the Council. Additional public hearings and detailed review of specific site plans will occur as development proceeds. Mr. Wessel explained that JADT Development Group, LLC, is requesting a planned development overly concept plan approval for a 144,500 square foot retail commercial development to the east and south of Lake Drive and 77th Street. The proposed development is to be a mix of retail, restaurant, and other commercial uses (i.e., bank) within 11 buildings for the first phase of the development. A second phase is intended to occur to the ease of Phase I, although no plans have been formalized for that portion of development. The approximate 28.5 acre parcel is zoned SC, Shopping Center District. Mr. Tim Baylor, developer, came forward and stated that it has been a pleasure to work with the City staff of Lino Lakes. When the project began, they were just looking for a site for a new McDonald's store. The vision of Lino Lakes is much broader than anticipated. The group that has been appointed to put this project together is top quality. He stated that he believes the project is in the best interest of the City. The timing is good in regard to the growth potential of the City. Mr. Baylor stated that interest from retailers and developers is already being generated on this project. He noted that a civil firm had just been hired to assist in this project. Mr. Ron Krank, K. K. Architects, came forward and briefly discussed the architectural design of the project. He stated that K. K. Architects has much expertise in the design of shopping centers. Other projects they have developed include: Tamarack Village, Woodbury Village, Mall of America, Golden Valley Commons, McDonald's at Southtown Center, and the McDonald's at Miracle Mile Center. Mr. Krank stated that the project does include good visuals, traffic constraints, and the City vision of I -35W south. He indicated that the site layout with current road configuration led to dialog for the retail interest. Mr. Krank went over sketches for the proposed project. JDAT Development Group is proposing a large retail building with smaller shops that will include a grocery store, restaurant, bank, gas station, and drug store. They are proposing a series of small parking lots with common lighting and landscaping. Mr. Krank explained that the next step is to take the project to the market. The developers must take the concept to large retailers and test the concept. They will proceed with the next step if approval of the concept plan is received from the Council. Mr. Brixius stated that this is a very rough concept plan. A PDO will be necessary for flexibility. He briefly went over the Issues Analysis of the concept plan. He stated that he recommends 8 • • COUNCIL MINUTES JUNE 22, 1998 approval of the concept plan and that the applicant be directed to address the following issues prior to submission of a development plan application: 1. Redesign of the site plan in consideration of the following factors: * Cluster stand alone buildings around shared parking lots. * Reduce the number of access to the Apollo Drive extension. * Consideration for the location of a proposed village bridge. * Provide at minimum one loading area per structure. * Provide sufficient stacking space and a by-pass lane in association with proposed drive through. * Provide right -in only from Apollo Drive extension to loading area on north side of 72,000 square foot structure with access to Apollo Drive near Lake Drive intersection via a defined access road. * Include more pedestrian circulation opportunities throughout the development. * Provide a 50 feet principal building setback from Apollo Drive. 2. Resolve location of Apollo Drive/77th Street intersection. 3. Accesses to development from Lake Drive should compliment interior site circulation. 4. Reduce parking stall supply to a number more approximate to the estimated parking stall requirement outlined herein. 5. Explore alternative options for reducing the number of required parking stalls and methods of construction as suggested by the Environmental Review Board. 6. Indicate provision of significant landscaping along north property line of Phase I to screen loading areas of the 72,000 square foot building. 7. Address the infiltration issues identified by the Environmental Review Board. 8. Coordinate a tree preservation plan with the City Forester. 9. Comments of other City Staff. COUNCIL MINUTES JUNE 22, 1998 Council Member Lyden asked about the role of 77th Street regarding the traffic pattern. Mr. Brixius stated that Apollo Drive will be desired main access. Minor access to the site will be from 77th Street. He stated he was unsure if 77th Street will become a signaled intersection. There is a possibility of one of these streets becoming a dead end. Mr. Wessel stated that two residents who live on Carol Drive have expressed concerns regarding the projects impact on Carol Drive and its residents. Ms. Ann Iota, who is not present, sent a letter suggesting the possibility of a cul-de-sac on the south end of Carol Drive eliminating direct access from 77th Street. Mr. Wessel stated that he forwarded the suggestion to the City Engineer. Council Member Lyden asked what type of a buffer is currently in place. Mr. Brixius stated that the shopping center runs up to 77th Street. If it becomes commercialthere will have to be a set back. There is the option of having some type off elderly housing for the residential transition. Council Member Lyden stated that he likes the concept. He expressed concern regarding a buffer off of Lake Drive. He asked if 35,000 square foot plus an additional 10,000 square foot was a Cub or Rainbow food store. Mr. Brixius indicated that the Planning and Zoning Board did not think 45,000 square feet is large enough for a grocery store. Council Member Lyden noted that the development should be done right the first time. He asked if they can guarantee success of this grocery store by adequate zoning. Mr. Wessel stated that everyone involved in the project wants the retailers to succeed. He noted this is just a concept plan. Mr. Krank stated that a larger grocery store is more viable financially. The developer will do everything they can to provide information regarding the Lino Lakes community. Market research has shown that the market would support a grocery store of this size. Mr. Krank indicated that the research will possibly be shared with the Council. The developer does understand that markets do change. Generally, they are asked to set aside space for expansion. The prototype for this grocery store is 35,000 square foot. Mayor Sullivan asked if there is a better location for a grocery store according to the Comprehensive Plan. Mr. Wessel stated that this is the only shopping center zoned in the community. The Comprehensive Plan does not indicate another commercial zone in the City. Mayor Sullivan stated that this project would be tremendous for the City of Lino Lakes. This would be the first large commercial development. She stated that the project is very exciting for the City and the City's residents. The life of a commercial center is approximately seven (7) years. She stated this project would be in use much longer. Mayor Sullivan suggested the possibility of a conservative sign for the McDonald's store. She stated she would like to see more buffer. She asked the developer to be tolerant when working with the City. She supported Council Member Lyden's concerns regarding the residents on 77th Street. She encouraged native landscaping. Mayor Sullivan stated that she appreciates the attitude and approach taken by the developer. 10 • • COUNCIL MINUTES JUNE 22, 1998 Mayor Sullivan moved to accept the preliminary Concept Plan, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Comprehensive Plan Update - Mr. Brixius announced that the next Comprehensive Task Force meeting is June 25, 1998. There will be an open discussion regarding the policy plan. Mr. Brixius stated that after the last work session meeting, the City was overwhelmed with calls from residents not in favor of the Birch Street improvements. He stated that he will share those comments from the residents at the Comprehensive Task Force meeting. Mr. Brixius invited those present to attend the meeting. PARKS AND RECREATION DEPARTMENT REPORT, RICK DEGARDNER Consideration of Resolution No. 98 - 95, Accepting Donation from the Circle -Lex Lions Club - Mr. DeGardner stated that the Circle -Lex Lions Club donated $1,000 to the Lino Lakes Parks and Recreation Department to continue their support of the National Youth Sports coaches Association. The Circle -Lex Lions has supported the youth sports coaching certification program for the past several years. Mr. DeGardner explained that the Lino Lakes Parks and Recreation Department certifies around 200 coaches per year. The coach's clinics are held for Centennial Little League, Centennial Baseball, the Lino Lakes program coaches and other associations that wish to have their coaches certified. Mr. DeGardner stated that this donation will cover half of the certification fee of $15.00 per person. The associations cover the other portion of the certification fee. Mayor Sullivan stated that the Circle -Lex Lions Club contributes a lot to the City and she appreciates all they do. Council Member Dahl moved to adopt Resolution No. 98 - 95, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 95 can be found at the end of these minutes. Consideration of Accepting 1998 Park Board Goals and Authorize Expenditure of Park Dedication Funds - Mr. DeGardner referred to a list of the 1998 Park Board Goals and Priorities. The list includes the installation of playground equipment at Birch Park, Shenandoah Park, and Lino Park, trails in Rice Lake Estates Park and Birchwood Acres Park, and some minor improvements at County Lakes Park, including a sand volleyball court, horseshoes, and BBQ grills. Mr. DeGardner stated that Pheasant Hills Park will be completed based upon the existing master plan. He indicated he met with residents of the Pheasant Hills Park area and the residents were in agreement to complete the park as planned. 11 COUNCIL MINUTES JUNE 22, 1998 Mr. DeGardner noted the Parks and Recreation Department is planning on master planning the Behm's Century Farm Park and the Marshan Park. Mr. DeGardner requested the Council to authorize the expenditure of dedicated funds identified in the right hand funding source column. Mayor Sullivan stated that the Parks and Recreation Department has done a great job spending money in accordance with their Comprehensive Park Plan. Many residents have called the City thanking them for the additions in the parks. Council Member Lyden moved to approve the 1998 Park Board Goals and authorize staff to expend funds from the Park Dedication Fund in the approximate dollar amount listed. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of Receipt of Bids and Authorization to Award Bids for Playground Equipment Structures - Mr. DeGardner explained that on Tuesday, June 12, 1998, at 10:00 a.m., bids were opened for the 1998 playground equipment projects. There were five (5) companies submitting proposals for the three (3) playground sites being upgraded this year. On Thursday, June 11 through Tuesday, June 16, 1998, all of the playground equipment proposals were on display at the Parks and Recreation Building. Neighborhood residents and Park Board Members were invited to review the proposals, make comments, and provide input on the selection of the projects. Mr. DeGardner recommended award of the following park projects: Lino Park Minnesota/Wisconsin Playground, Inc. $30,000 (Game Time ) Birch Park Minnesota/Wisconsin Playground, Inc. $30,000 (Game time) Shenandoah Park Flanagan Sales, Inc. $27,600 (Little Tikes) Mr. DeGardner stated that he believes the above vendors offered the City the best package of playground equipment for the City's money. Play equipment evaluations are based on a number of factors including: equipment quality, safety considerations, aesthetic appeal, the play experience provided, and installation experience. Council Member Lyden expressed concern regarding the safety at the end of the slide. Mr. DeGardner explained that the City uses 12 inch pea gravel and it is inspected weekly. Mayor Sullivan commended Mr. DeGardner for the process used for evaluation of the play equipment. 12 • • • COUNCIL MINUTES JUNE 22, 1998 Council Member Dahl moved to approve the bids on the playground equipment projects and award the contracts to the vendors listed. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Resignation of General Park Maintenance Worker, Tim Anderson - Mr. DeGardner stated the Mr. Tim Anderson, General Park Maintenance worker, has resigned effective June 9, 1998. Mr. Anderson was offered an attractive salary increase and change of job duties from his previous employer. Mr. Anderson felt it was a tremendous opportunity for him and accepted the new position for Ramsey County Parks and Recreation. Council Member Lyden moved to accept the resignation of Mr. Tim Anderson effective immediately. Council Member Dahl seconded the motion. Motion carried_ unanimously. Consideration of Authorization to Hire General Park Maintenance Position, Steve Gilbertson - Mr. DeGardner stated that Mr. Steve Gilbertson was involved in the application process last month for the General Park Maintenance worker. Mr. Gilbertson was rated very well by both interview panels and on his written test. Mr. Gilbertson has been an employee of the Parks and Recreation Department since August, j994, primarily in the Park Maintenance Division. He has a variety of experience including athletic field maintenance, masonry, playground assembly, fence repair, irrigation repair, and has operated various equipment in a dependable fashion. Prior to Mr. Gilbertson's employment with the City of Lino Lakes, he was involved in landscaping and lawn maintenance since 1985. Mr. DeGardner recommended that the vacant General Park Maintenance Position be offered to Mr. Steve Gilbertson effective June 24, 1998, contingent upon no internal applicants notifying Mr. Tesch by June 23, 1998. Council Member Dahl moved to approve Mr. Gilbertson as General Park Maintenance worker, contingent upon no internal applicants notifying Mr. Tesch by June 23, 1998. Council Member Lyden seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, DAVID AHRENS Public Hearing, Apollo Drive, Phase 3 - Mr. Ahrens stated that the City is proposing the construction of Apollo Drive, Phase 3, Street Improvements. A feasibility report was prepared for the City by SEH and received by the City Council on May 11, 1998. Mr. Ahrens explained that the proposed improvements involve the extension of Apollo Drive from the existing northerly termination point at Lilac Street to the north and east approximately 1,380 feet to Lake Drive. The improvements will also require reconstruction of approximately 200 lineal feet of the existing Apollo Drive south of Lilac Street, to allow for the required transition to superelevation through the curve north of Lilac Street. The project is located in the south half of Section 8, Township 31N, Range 22W and the north half of Section 17, Township 31N, Range 22W, in the City of Lino Lakes, County of Anoka, State of Minnesota. 13 COUNCIL MINUTES JUNE 22, 1998 Mr. Ahrens stated that due to the close proximity of the proposed Apollo Drive/Lake Drive intersection to the existing Lilac Street/Lake Drive intersection and the resulting traffic safety concerns, it is proposed to eliminate the existing Lilac Street/Lake Drive intersection. Also included in the proposed improvements is the installation of storm sewer to handle area storm water drainage and a regional retention and detention pond. The regional pond would be designed for Apollo Drive and all development next to the proposed street. It is anticipated that, prior to this project, trunk sanitary sewer and water main will be constructed through this area as part of the Lake Drive trunk system project, which was previously ordered by the City Council. Mr. Ahrens stated that the estimated project cost is $526,584. The City will pay for the project through special assessments following the Lino Lakes improvement policy and County funds through a Joint Powers Agreement. Interim funding will come from the City's Area and Unit Fund. Local funds would be required for a portion of the storm sewer costs. For the local share, it is proposed to levy street and storm sewer assessments to the benefiting properties. Estimated completion of the project is October 9, 1998. Mr. Dave Hahn, a representative from SEH, came forward and briefly went over the feasibility report. He also went over a map showing the location of the proposed construction. Mayor Sullivan asked if a 10 ton axle weight limit is a large enough capacity for Molin traffic. Mr. Hahn indicated that a 10 ton axle weight restriction is standard. Mayor Sullivan opened the public hearing at 8:29 p.m. Ms. Peggy Ormon, a property owner on Lilac Street, came forward and asked for a time frame regarding the project. She stated that she has not been given any direction from the City regarding a time frame for vacating her property. She expressed concern regarding school enrollment in the fall. Mayor Sullivan stated that the City needs to work directly with Ms. Ormon regarding her concern. Mr. Hahn stated that the project schedule is indicated in the feasibility report. Mayor Sullivan asked if the schedule is accurate. Mr. Ahrens stated that construction will begin August 24, 1998. Mayor Sullivan asked when Ms. Ormon will specifically have to move. Mr. Ahrens stated that property owners were asked to move 90 days from the first part of June, 1998. 14 COUNCIL MINUTES JUNE 22, 1998 • Mr. Hawkins stated that letters were sent out last week to the property owners. Ms. Ormon indicated she has not received a letter regarding an offer and move out date. Mr. Hawkins indicated the move out date is September 12, 1998. Ms. Ormon asked is the move out date stands if an agreement is not made on the purchase price of her property. Ms. Hawkins indicated that the move out date will stand. The project schedule requires the City to be in possession of the property by September 12, 1998, if not earlier. Mayor Sullivan asked Mr. Ahrens to meet with Ms. Ormon after the meeting to address her concern immediately. Council Member Lyden moved to close the public hearing at 8:35 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of Resolution No. 98 - 89, Order -Improvement and Preparation of Plans and Specifications, Apollo Drive, Phase 3, Street Improvements - Upon adoption of the Agenda, this item was removed. Consideration of Resolution No. 98 - 90, Approve Plans and Specifications and Authorize Advertisement for Bids, Lake Drive Trunk Utility Project - Mr. Ahrens stated that the City is proposing the construction of trunk sanitary sewer and water main adjacent to Lake Drive. A • feasibility report was prepared for the City by SEH and received by the City Council on June 9, 1997. A public hearing was held on August 11, 1997, for the improvements. The Council then ordered the preparation of plans and specifications for the project. Council action is required to order the advertisement to receive bids. • Mr. Ahrens explained that City sanitary sewer and water main does not exist in the vicinity of Lake Drive north of Lilac Drive at this time. The extension of these trunk utilities will provide future lateral extensions to this area of the City. The residents in this area are currently using private wells and septic systems. A neighborhood meeting was held on May 12, 1998. Mr. Ahrens stated that the public hearing considered the extension of trunk sanitary sewer and water main from Lilac Drive at Apollo Drive and extending northerly adjacent to Lake Drive to 79th Street and extending westerly on 79th Street approximately 950 feet. The trunk utilities proposed for construction at this time will extend from Lilac Drive at Apollo Drive northerly adjacent to Lake Drive and terminate approximately 600 feet north of 77th Street (between the driveway entrances to the police station and the southerly fire department entrance). Sanitary sewer and water services are proposed to be extended to all properties adjacent to the trunk facilities. Lateral extensions are provided at 77th Street for future extension. Mr. Ahrens noted that easement acquisition is currently being negotiated and is expected to be complete by the time bids are received. COUNCIL MINUTES JUNE 22, 1998 The total estimated project cost is $1,022,000. The City will pay for the project through special assessments following Lino Lakes Improvement Policy. Special assessments will be received when service connections are made. Interim funding will come from the City's Area and Unit Fund. Estimated construction completion is September 30, 1998. Mayor Sullivan asked if MUSA would be assigned to properties not currently in the MUSA in the event of a septic failure. Mr. Ahrens stated that some cities have not applied the MUSA in that situation. The decision would be determined by Council. Because the process is timely, he would recommend to allow those properties to connect. The MUSA issue would be addressed at a later time. Immediate connection would be advised because of the safety and health factors. Mayor Sullivan expressed concern regarding the outstanding MUSA issue. She asked if the MUSA designation for the south east portion of the City could be assigned to another area. Mr. Wessel stated that MUSA allocation excludes emergencies. It is the policy of the Metropolitan Council that emergency use does not count towards the City's MUSA allocation. Mayor Sullivan stated that the properties have potential for septic system failure. She asked if the property owners will have an option. It was indicated that MUSA does have to be designated in these areas. Mr. Ahrens indicated there are many trees on the properties and they could be affected by the trunk utility extension. However, he believes there will be enough room for the trees and the utility lines. Mr. Wessel stated that most of the properties are currently in the MUSA. Council Member Lyden stated that he is supportive of the project. They City has a duty to the residents to make MUSA and/or sewer and water available before any further development. He asked if the projected financing only included 600 feet north of 77th Street. Mr. Hahn explained that $230,000 was for the engineering costs of the total project. The project has been done in phases but that figure represents the entire engineering cost. Council Member Lyden noted he would like to see a pro rated figure of the engineering cost for the 600 feet north of 77th Street. Council Member Lyden moved to adopt Resolution No. 98 - 90, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 90 can be found at the end of these minutes. Consideration of Resolution No. 98 - 91, Approve Plans and Specifications and Authorize Advertisement for bids, 1998 Wear Course and Trail Paving Project - Mr. Ahrens stated that the City has received plans and specifications to complete wear course paving in the following developments: 1. Clearwater Creek 16 • • COUNCIL MINUTES JUNE 22, 1998 2. Behm's Century Farms 3. Country Lakes Estates 4. Lino Air Park North Mr. Ahrens indicated that as part of the paving project, the following trails will also be paved: 1. Elm Street extension to City limits (This trail will be gravel only) 2. Arrowhead Drive to existing trail in Shenandoah Park 3. Hodgson Road near the bus company to Fox Trace 4. Clearwater Creek (2 trails) 5. Fox Trace connection to Hodgson Road (south of Linda Drive) 6. Rice Lake Estates connection to Baldwin Park 7. Birchwood Acres connection between Lonesome Pine Trail and Fox Road 8. Pheasant Hills Park trail to existing play area Mr. Ahrens stated that the City paves the final wear course on development projects approximately 1 year after the base course is put in place. This delay of one year allows for potential settlement of the base course. Prior to paving the wear course, any problems in the streets are corrected. The trail paving projects are included with the wear course to provide a greater quantity of paving to potentially lower the total project costs. Mayor Sullivan asked why the Elm Street trail will be gravel only. Mr. Ahrens stated that only a portion of Elm street will be gravel only. The gravel will be west of the senior housing project. The completion of the trail has been delayed until more progress is made with construction. Council Member Dahl moved to adopt Resolution No. 98 - 91, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 91 can be found at the end of these minutes. POLICE DEPARTMENT REPORT Consideration of Resolution No. 98 - 92, Accepting Donation from the Circle -Lex VFW Post 6583 - Mayor Sullivan stated that the goal of the Lino Lakes Police Department is to enhance volunteerism within the community by utilizing the Reserve Officer program. The 17 COUNCIL MINUTES JUNE 22, 1998 Circle -Lex VFW Post No. 6583 is aware of this goal and has donated $500 toward the cost of administering this program. The purpose of Resolution No. 98 - 92 is to publicly thank the Circle -Lex VFW Post No. 6583 for their generous donation. Mayor Sullivan noted that with donations the Police Department has the equivalent of one more full time officer. Mr. Kent Strege, Lino Lakes Police Officer, came forward and stated that the donations support the Reserve program. The reserves to work on a volunteer basis. Mayor Sullivan thanked the Circle -Lex VFW Post No. 6583 for their support. Council Member Lyden moved to adopt Resolution No. 98 - 92, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 92 can be found at the end of these minutes. Consideration of Resolution No. 98 - 93, Accepting Donation from the Circle -Lex Ladies Auxiliary, VFW Post 6583 - Mayor Sullivan stated that the purpose of Resolution No. 98 - 93 is to publicly thank the Circle -Lex Ladies Auxiliary VFW Post No. 6583 for their generous donation. The Circle -Lex Ladies Auxiliary VFW Post No. 6583 has donated $350 toward the cost of administering the Reserve Officer program. Mayor Sullivan thanked the Circle -Lex Ladies Auxiliary VFW Post No. 6583 for their support. Council Member Dahl moved to adopt Resolution No. 98 93, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 93 can be found at the end of these minutes. OLD BUSINESS Consideration of the Hay Study -Mr. Tesch stated that a year ago the City contracted a company to obtain a review of the City's pay program. It was the consensus at a Council work session to table the issue. Mr. Tesch indicated there are potential problems which include supervisor/employee pay compression. Mayor Sullivan suggested Council approve the report as is. Council Member Lyden moved to accept and table the report. Council Member Dahl seconded the motion. Motion carried unanimously. NEW BUSINESS 18 0 • COUNCIL MINUTES JUNE 22, 1998 Consideration of August 12, 1996, Minutes - Upon adoption of the Agenda, this item was removed. Consideration of November 12, 1996, Minutes - Upon adoption of the Agenda, this item was removed. Consideration of Resolution No. 98 - 94, Accepting Donation from the Circle -Lex VFW Post No. 6583 - Mayor Sullivan stated that Council Member Neal obtained funding for residents of the City who had losses in the May, 1998 storm. Some children lost their bikes. She stated that Council Member Neal had been concerned about the loss and obtained funding to replace the bikes. Mayor Sullivan thanked Council Member Neal for his concern and effort. Council Member Dahl moved to adopt Resolution No. 98 - 94, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 94 can be found at the end of these minutes. COMMUNITY CALENDAR FOR JUNE 25, THROUGH JULY 9, 1998 Comprehensive Plan Task Force/City Council, Thursday, June 25, 1998, 6:30 p.m. Mayor's Coffee/Round Table, Friday, June 26, 1998, 7:30 a.m. Environmental Board, Wednesday, July 1, 1998, 6:30 p.m. City Hall Closed for 4th of July Holiday, Friday, July 3, 1998 Park and Recreation Board, Monday, July 6, 1998, 6:30 p.m. Council Work Session, Wednesday, July 8, 1998, 5:30 p.m. Planning and Zoning Board, Wednesday, July 8, 1998, 6:30 p.m. EDAC, Thursday, July 9, 1998, 7:00 a.m. Charter Commission, Thursday, July 9, 1998, 7:00 p.m. ADJOURN There being no further business, Council Member Dahl moved to adjourn at 9:05 p.m. Council Member Lyden seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, July 13, 1998. COUNCIL MINUTES JUNE 22, 1998 �i6 M ,-.1, M lyn Atnderson, Clerk -Treasurer Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 20 Kim .1 '. Sul l an, Mayor • Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-90 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT TO RECEIVE BIDS - LAKE DRIVE TRUNK UTILITY PROJECT. WHEREAS, pursuant to a resolution passed by the City Council on August 11, 1997, SEH has prepared plans and specifications for the Trunk Utility Extensions from Lilac Drive to approximately 600 feet north of 77th Street, and has presented such plans and specifications to the City Engineer for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 21 days, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10:30 a.m., July 22, 1998, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and City Engineer, will then be tabulated, and will be considered by the City Council on July 27, 1998. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the City Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or ceheck payable to the City too for 5 percent of the amount of such bid. Marilyn G. Anderson, Clerk -Treasurer Ki Pip A. S ayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Dahl, Lyden, Sullivan. The following voted against same: none, Council Members Bergeson and Neal were absent. Whereupon said resolution was declared duly passed and adopted. Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-91 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT TO RECEIVE BIDS - 1998 WEAR COURSE AND TRAIL PAVING PROJECT WHEREAS, pursuant to direction of City Staff, OSM & Associates, Inc. has prepared plans and specifications for the 1998 Wear Course and Trail Paving Project, and has presented such plans and specifications to the City Engineer for approval; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 21 days, shall specify the work to be done, shall state that bids will be received by the city clerk until 10:30 a.m. July 17, 1998, at which time they will be publicly opened in the council chambers of the city hall by the city clerk and engineer, will then be tabulated, and will be considered by the council on July 27, 1998. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash • e •ll ashie ' ' eck, bid bond or certified check payable to the clerk for 5 percent o t unt • ti y A. Sullivan, Mayor Marilyn C . Anderson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Dahl, Lyden, Sullivan. • • The following voted against same: none, Council Members Bergeson & Neal were absent. Whereupon said resolution was duly passed and adopted. • • • • Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 -92 RESOLUTION ACCEPTING DONATION FROM THE CIRCLE -LEX VFW POST #6583 - FOR RESERVE PROGRAM WHEREAS, equipment is needed for the Lino Lakes Police Reserve program, WHEREAS, funding for this equipment was not included as a Police Department budget item, WHEREAS, the Circle -Lex VFW Post #6583 has made a donation in the amount of $500.00 to the City of Lino Lakes toward the purchase of this needed equipment; and WHEREAS, the monies will be appropriated to the General Fund in the following manner: Increase Revenue - Contributions Increase Expenditures -Police Uniforms $500.00 $500.00 NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby accepts the donation of $500.00 toward the cost of equipment for the Reserve program and wishes to express its gratitude to the Circle -Lex VFW Post #6583 fo ' is donation. Adopted by the Lino Lakes City Co 1998. ``'U(GZ�c4<, XJ. ( kci Marilyn G. Anderson, Clerk -Treasurer day of June, ullivan, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof :Dahl, Lyden, Sullivan. The following voted against same: none, Council Members Bergeson and Neal were absent. Whereupon said resolution was declared duly passed and adopted. Council Member Dahl introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 93 RESOLUTION ACCEPTING DONATION FROM THE CIRCLE -LEX LADIES AUXILIARY VFW POST #6583 FOR RESERVE PROGRAM WHEREAS, equipment is needed for the Lino Lakes Police Reserve program, WHEREAS, funding for this equipment was not included as a Police Department budget item, WHEREAS, the Circle -Lex Ladies Auxiliary VFW Post #6583 has made a donation in the amount of $350.00 to the City of Lino Lakes toward the purchase of this needed equipment; and WHEREAS, the monies will be appropriated to the General Fund in the following manner: Increase Revenue - Contributions Increase Expenditures -Police Uniforms $350.00 $350.00 NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby accepts the donation of $350.00 toward the cost of equipment for the Reserve program and wishes to express its gratitude to the Circle -Lex Ladies Auxiliary VFW Post #6583 for its donation. Adopted by the Lino Lakes City Cou 1998. MaJilyn . Anderson, Clerk -Treasurer is day of June, ullivan, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Lvden and upon vote being taken thereon, the following voted in favor thereof: Dahl, Lyden, Sullivan. The following voted against same: none, Council Members Bergeson and Neal were absent. Whereupon said resolution was declared duly passed and adopted. • • • • • • Council Member Dahl introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 94 RESOLUTION ACCEPTING DONATION FROM THE CIRCLE -LEX VFW POST #6583 WHEREAS, the VFW Post #6583 was made aware of a needy family who wanted to purchase bicycles for their children; and WHEREAS, the Circle -Lex VFW Post #6583 donated $300.00 to the City of Lino Lakes for the purpose of purchasing the bicycles; WHEREAS, the money will be appropriated to the General Fund in the following manner: Increase Revenue - Contributions Increase Expenditures Bicycles for Needed Family $300.00 $300.00 NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby accepts the donation of $300.00 to cover the cost of three (3) bi cles and wishes to express its gratitude to the Circle -Lex VFW Post #6583 for its nati n. Adopted by the Lino Lakes City Co June, 1998. Marilyn G. derson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Dahl, Lyden, Sullivan. The following voted against same: none, Council Members Bergeson and Neal were absent. Whereupon said resolution was declared duly passed and adopted. Council Member Dahl introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 95 RESOLUTION ACCEPTING DONATION FROM THE CIRCLE -LEX LIONS CLUB WHEREAS, the City is a member of the National Youth Sports Coaches Association; and; WHEREAS, the City sends all of their youth recreational coaches to the certification classes offered by this association; and WHEREAS, the Circle -Lex Lions Club has supported the City's effort to certify all youth coaches; and WHEREAS, the Circle -Lex Lions Club has made a contribution of $1,000.00 to defer some of the costs of this program, and WHEREAS, the money will be appropriated to the General Fund in the following manner: Increase Revenue - Contributions Increase Expenditures National Youth Sports Coaches Assn. $1,000.00 $1,000.00 NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby accepts the donation of $1,000.00 to cover one-half of the certification fee for this summers youth sports coaches and wishes to express its gratitude to the Circle -Lex Lions Club for its donation. Adopted by the Lino Lakes City Co 1 ��1 &t.‘ JoAai2)1 Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Dahl, Lyden, Sullivan. • • • • RESOLUTION NO. 98 - 95 Page -2- The following voted against same: none, Council Members Bergeson and Neal were absent. Whereupon said resolution was declared duly passed and adopted. • • Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION 98-96 A RESOLUTION ADOPTING INTO THE CITY OF LINO LAKES PERSONNEL POLICY, AN UPDATED EXPENSE REIMBURSEMENT POLICY. WHEREAS, WHEREAS, WHEREAS, From time to time it is necessary to review policies and procedures , and The Expense Reimbursement Policy has not been updated since 1994, and The proposed policy has an increased per diem to reflect a rise in prices, more clearly outlines travel advances and shortens up the time in which unused portions of advances must be returned to the city, NOW, THERFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby adopts an updated Expense Reimbursement Policy that will replace the policy that currently exists, and incorporate this policy as Section 7.02 of the Personnel Policy. Adopted by the Lino Lakes City Council this 22nd Day of J tee, 1998. •JJ a/Aftbf Marilyn G. Anderson, Clerk/Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Dahl, Lyden, Sullivan. • • • RESOLUTION NO. 98 - 96 Page -2- • and the following voted against same: none, Council Members Bergeson and Neal were absent Whereupon said resolution was declared duly passed and adopted. • • Council Member Dahl introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION 98-97 A RESOLUTION ADDING THE CODE OF CONDUCT FOUND IN CHAPTER 204 OF THE CITY CODE TO THE CITY OF LINO LAKES PERSONNEL POLICY WHEREAS, a code of Conduct currently exists in chapter 204 of the City Code, and applies to all elected officials and employees, and WHEREAS, most employees do not use, or read the City Code on a regular basis, and WHEREAS, issues relating to personnel should be located in the Personnel Policy NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby enters into the Personnel Policy the attached code of conduct. Adopted by the Lino Lakes City Council this 22nd day of June, Mangy n G. Anderson, Clerk/Treasurer Ili LAE, I rly '� 117 an, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Dahl, Lyden, Sullivan. and the following voted against same: none, Council Member Bergeson and Council Member Neal were absent. Whereupon said resolution was declared duly passed and adopted. • • • • • • RESOLUTION NO. 98 - 97 Page -2- and the following voted against same: none, Council Members Bergeson and Neal were absent. Whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 98-100 RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A GROUND LEASE AND A LEASE -PURCHASE AGREEMENT, AND APPROVING AND AUTHORIZING ISSUANCE OF LEASE REVENUE BONDS AND EXECUTION OF RELATED DOCUMENTS BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota, as follows: Section 1. Recitals. 1.01. The City is authorized by Minnesota Statutes, Section 465.71, as amended, to acquire real and personal property under lease -purchase agreements. 1.02. The City has agreed with the Lino Lakes Economic Development Authority (the "Authority") that pursuant to a Ground Lease dated as of August 1, 1998 (the "Ground Lease"), the Authority will acquire certain property from the City, and the Authority will lease such property, together with the buildings, structures or improvements now or hereafter located thereon, to the City pursuant to a Lease -Purchase Agreement dated as of August 1, 1998 (the "Lease"). 1.03. Pursuant to a Trust Indenture dated as of August 1, 1998 (the "Indenture") between the Authority and U.S. Bank Trust National Association, as trustee (the "Trustee"), the Authority will issue its Lease Revenue Bonds, Series 1998A (City of Lino Lakes, Minnesota Lease Obligation) (the "Series 1998A Bonds") in an aggregate principal amount of $5,350,000. 1.04. Under the Indenture, proceeds of the Series 1998A Bonds will be used to establish a Debt Service Reserve Fund to secure the Series 1998A Bonds and to pay costs of acquisition, construction and equipping of the Facilities described in the Lease, pursuant to a Disbursing Agreement dated as of August 1, 1998 (the "Disbursing Agreement"), among the Authority, the City, the Trustee and Chicago Title Insurance Company. 1.05. Pursuant to an Assignment and Security Agreement dated as of August 1, 1998 (the "Assignment"), the Authority will assign to the Trustee all of the Authority's right, title and interest in and to the Ground Lease, the Lease and the Lease Payments to be made by the City thereunder (other than certain rights to indemnification and payment of expenses) as security for the Series 1998A Bonds. 1.06. Forms of the Ground Lease, the Lease, the Indenture, the Disbursing Agreement, the Assignment, the Official Statement for the Series 1998A Bonds and a Continuing Disclosure Agreement of the City dated as of August 1, 1998, have been prepared and submitted to this Council and are on file with the City. Section 2. Findings. On the basis of information given the City to date, it is hereby found, determined and declared that: BMB145001 LN140-60 1 • • • • • (a) it is desirable and in the best interest of the City to enter into the Ground Lease, the Lease, the Disbursing Agreement and the Continuing Disclosure Agreement. (b) the terms of the Ground Lease, the Lease, the Disbursing Agreement, the Indenture, the Assignment and the Continuing Disclosure Agreement are found to be advantageous to the City and the form and terms thereof are hereby approved. (c) The Site and the Facilities described in the Lease constitute essential government property, and the City presently intends to appropriate all Lease Payments under the Lease for the term of the Lease; however, the obligations of the City under the Lease are not to be payable from nor charged upon any funds of the City other than the funds appropriated annually to the payment thereof, and the Lease shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except its interest in the Lease and in the Site and the Facilities under the Lease. Section 3. Authorization of Documents. The Mayor and the City Clerk -Treasurer are authorized and directed to execute and deliver the Ground Lease, the Lease, the Disbursing Agreement and the Continuing Disclosure Agreement on behalf of the City, substantially in the forms on file, but with all such changes therein as shall be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof. Copies of all of the transaction documents shall be delivered, filed and recorded as provided therein. The Mayor, the City Clerk -Treasurer and other City officers are also authorized and directed to execute such other instruments as may be required to give effect to the transactions herein contemplated. The Official Statement, as completed and supplemented, and its distribution to potential purchasers of the Series 1998A Bonds, are hereby approved. The City, as an "obligated person" with respect to the Series 1998A Bonds, will comply with the requirements of Rule 15c2 -12(b)(5) of the Securities and Exchange Commission, as set forth in the Continuing Disclosure Agreement. Section 4. Approval of Issuance and Sale of Series 1998A Bonds. The issuance and sale by the Authority of the Series 1998A Bonds as described in the Official Statement is hereby approved in all respects, provided that the true interest cost of the Series 1998A Bonds (computed in accordance with the Official Terms of Proposal reproduced in the Official Statement) shall not exceed 5.2685 % per annum. The City will pay, from proceeds of the Series 1998A Bonds or from other City funds, the costs of issuance of the Series 1998A Bonds. Section 5. Payment of Lease Payments. The City will pay to the Trustee, promptly when due, all of the Lease Payments and other amounts required by the Lease. To provide moneys to make such payments, the City will include in its annual budget, for each Fiscal Year during the term of the Lease, commencing with the Fiscal Year ending on December 31, 1999, moneys sufficient to pay and for the purpose of paying all Lease Payments, a reasonable estimate of Additional Lease Payments, and other amounts payable under the Lease. The agreement of the City in this Section is subject to the City's right to terminate the Lease at the end of any Fiscal Year, as set forth in Section 5.6 of the Lease. BMB145001 LN140-60 2 Section 6. Miscellaneous. 6.01. The City covenants and agrees with the Owners from time to time of the Series 1998A Bonds that the investment of proceeds of the Series 1998A Bonds, including the investment of any revenues pledged to the Lease Payments which are considered proceeds under applicable regulations, and accumulated sinking funds, if any, shall be limited as to amount and yield in such manner that the Series 1998A Bonds shall not be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder, and that the City shall comply with all other applicable requirements of Section 148. On the basis of the existing facts, estimates and circumstances, including the foregoing findings and covenants, the City hereby certifies that it is not expected that the proceeds of the Series 1998A Bonds will be used in such manner as to cause the Series 1998A Bonds to be "arbitrage bonds" under Section 148 and any regulations thereunder. The Site, the Facilities and the proceeds of the Series 1998A Bonds will likewise be used in such manner that the Series 1998A Bonds will not be "private activity bonds" under Section 141 of the Internal Revenue Code of 1986, as amended, and applicable regulations. 6.02. The officers of the City are authorized and directed to prepare and furnish to the original purchaser of the Series 1998A Bonds, and to the attorneys approving the Series 1998A Bonds, certified copies of all proceedings and records of the City relating to the power and authority of the City to enter into the Ground Lease and the Lease within their knowledge or as shown by the books and records in their custody and control, and such certified copies and certificates shall be deemed representations of the City as to the facts stated therein. 6.03. The City covenants that it will file (or cause the Authority to file) with the Internal Revenue Service the information required under Section 149(e) of the Internal Revenue Code of 1986. 6.04. Capitalized terms used herein and defined in the Lease or the Indenture have the meanings given in the Lease or the Indenture. Section 7. Effective Date. This resolution shall be effective immediately upon its final adoption. BMB145001 LN140-60 3 • • The foregoing resolution was introduced by Member Lyden and seconded by Member Dahl . The following voted in favor of the resolution: • Dahl, Lyden and Mayor Sullivan The following voted against: None Whereupon the resolution was adopted. ADOPTED: June 22, 1998. 4, (14A,"),\, C-easurer BMB145001 14140-60 4 Council member Dahl introduced the following resolution and • move its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-101 RESOLUTION ADOPTING THE 1999 BUDGET SCHEDULE WHEREAS, Section 7.04, Subdivision 1 of the City Charter requires that the City Council establish a budget calendar, and WHEREAS, the calendar is to be established by resolution, and WHEREAS, the attached budget calendar sets dates for the 1999 Budget. NOW THEREFORE BE IT RESOLVED, the attached 1999 Budget Schedule be adopted. Adopted by the City Council of Lino Lakes this 22nd d v aiukto ‘,LA4A,161,„ Marilyn G. A derson, Clerk Treasurer y of June, ullivan - Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Dahl, Lyden, Sullivan. The following voted against same: none, Council Members Bergeson and Neal were absent. Where upon said resolution was declared duly passed and adopted: